PLEASE NOTE: International Student and Scholar Services cannot provide immigration advising to individuals who are not affiliated with Temple University. The ISSS office advises current Temple University students, prospective students and individuals who are sponsored by Temple University. Other individuals seeking immigration advice should consult with a qualified immigration attorney or the international student advisor at their schools.

H-1B Portability

Nonimmigrants
currently in H-1B status with one employer can begin employment with a
new employer as soon as the new employer files a non-frivolous I-129
petition for new H-1B employment, under H-1B "portability"
provisions. The new employer and beneficiary do not have to wait for
the new petition to be approved for the new employment to begin. If the
new petition is denied, however, "portability" work authorization is
automatically terminated. To qualify for H-1B "portability" employment,
the nonimmigrant must:

Have been previously issued an H-1B visa or otherwise provided H-1B nonimmigrant status;

Have been lawfully admitted into the United States as a nonimmigrant;

Not have engaged in employment without authorization since that admission; and

Be
the beneficiary of a non frivolous I-129 petition for new H-1B
employment filed with USCIS before the expiration of the "period
of stay authorized by the Attorney General."

The current DHS and DOS policy is that an H-1B nonimmigrant visa remains valid during its validity period regardless of a change in the beneficiary's employer.
As long as the alien remains in H-1B classification, the visa is
considered to be valid up until the date of its expiration. An H-1B
nonimmigrant who follows USCIS procedures to change employers in the
United States may use the previously issued visa to apply for
readmission to the United States if it is still valid. The H-1B worker
should present the H-1B approval notice for the new (current) H-1B
employment upon reentry.

If
the new employer requests an expiration date the same as that which
appears on the H-4 dependents' current Forms I-94, no action needs to
be taken on behalf of the H-4 dependents. Their status remains H-4 as
long as the H-1B nonimmigrant maintains his or her status. However, if
the new employer extends the expiration date beyond that noted on the
original H-1B petition and on the H-1B's I-94 and H-4 I-94s, an I-539
application to extend the H-4 status of dependents is needed.